Finian McGrath (Dublin North Central, Independent)
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Question 300: To ask the Minister for Justice, Equality and Law Reform if the deportations of asylum seekers will be stopped where their human rights and lives are at risk. [39952/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Asylum seekers are people who come here seeking refugee status. Their asylum claims are thoroughly investigated. If they are found not to need protection under the Geneva Convention, they are no longer asylum seekers. They are given an opportunity to voluntarily go home or to give reasons they should not be deported before any deportation takes place. There are two fundamental underlying principles with regard to the asylum process and the treatment of individuals who are not found to be refugees at the end of that process. When asylum seekers come here and seek our protection, it is a fundamental principle that their cases should be fairly and independently examined. After a person's case has been dealt with fairly, it is a fundamental principle that the deportation process should be central to the proper running of the immigration and asylum system. The definition of a refugee is set out in section 2 of the Refugee Act 1996. Subject to certain exceptions, a refugee is: a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, unwilling to return to it. Therefore, in the case of each individual asylum seeker, the task is to determine whether, following investigation, he or she is deemed to come within the terms of that definition on the basis of all the information provided and on the basis of country of origin information drawn from independent sources such as the UNHCR.

Under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the refugee applications commissioner and the Refugee Appeals Tribunal. Applicants for asylum are guaranteed an investigation and determination of their claims, in the first instance, by the commissioner. Every applicant is guaranteed a right of appeal to the Refugee Appeals Tribunal, which is a statutorily independent and separate body. Every applicant is also guaranteed access to legal assistance provided by the refugee legal service. Under the provisions of section 17(1) of the Refugee Act 1996, the final decision on an asylum application is a matter for the Minister for Justice, Equality and Law Reform, based on the recommendation of the commissioner or the decision of the tribunal. Under the legislation, however, the Minister is obliged to accept such a recommendation other than in exceptional circumstances. When the Minister makes a decision under section 17(1) to refuse to give a declaration of refugee status, notification is sent to the individual in question, who is informed that three options are open to him or her — to leave the State voluntarily; to consent to a deportation order being issued, in which case arrangements will be made for his or her removal from the State; or to make written representations within 15 working days, setting out any reasons they should be allowed to remain temporarily in the State.

The safety of returning a person, or refoulement as it is known, is fully considered in every case when deciding whether to make a deportation order under section 5 of the Refugee Act 1996, which relates to the prohibition of refoulement. A person shall not be expelled from the State or returned in any manner to a country where, in the opinion of the Minister, the life or freedom of that person would be threatened because of his or her race, religion, nationality, membership of a particular social group or political opinion. Section 3(6) of the Immigration Act 1999, as amended, provides that the Minister must take into account 11 factors when considering whether to deport a person. Such factors include considerations relating to the common good, the person's individual family and domestic circumstances and humanitarian considerations.